<<Citizen Selection Procedure

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Ajay Singh Rawat
Citizen-nominee for RTI Awards 2009, 2009
Reference Number: C105
Age: 63
Gender: Male
Organization: none
Nominated by: Reetesh Sah
Why is he short-listed for RTI Awards 2009?
For using RTI in his effort to prevent or stop construction, quarrying and other activities that were potentially damaging to the fragile ecology of Nainital.
Rawat used the RTI Act in July 2006 to learn about the full extent of a construction activity in a public park on Manora Ridge on the outskirts of Nainital.
The construction of two office buildings and 37 housing units for the staff of forest department went against a Supreme Court ruling that disapproved construction of group housing in Nainital. Moreover, the project was based on a dubious geo-technical report that ignored the threat of landslides and potential disruption of a nullah that carried the overflow from Nainital lake.
Rawat used the information in arguing with the administration against the construction and also filed a writ petition at Uttarakhand High Court.
While the writ petition was dismissed, he was able to persuade the administration to stop the construction.
In another case, Rawat used RTI to enquire into the legality of mining taking place in the upper catchment area of river Gaula, another ecologically sensitive area.
He then used the information in obtaining a stay on mining from Uttarakhand high court.
Rawat similarly used information obtained through RTI to argue against controversial boring for water near Khurpatal in a PIL at Uttarakhand high court. The case is still sub judice.

Details of the nomination

Rawat, who recently retired as professor of history at Kumaon University-Nainital, has been an old and active member of Nainital’s conservation community.
He was responsible for a writ petition in the form of a PIL that resulted in Supreme Court directing the government on March 09, 1995 to put in place elaborate safeguards against damage to Nainital’s environment and ecology.
Since the advent of RTI, he has obtained information from the government to use it in arguing against projects that are potentially damaging to the environment.
In 2006, local people learnt about construction taking place inside Hanumangarhi Van Park at Manora Ridge on the outskirts of Nainital.
The forest department said it was building two small godowns in the area, which did not convince those who believed that it was a dubiously authorized and much bigger project. Rawat made an RTI request at forest department, seeking information about the nature and scale of construction and approvals obtained.
The Divisional Forest Officer (DFO) informed him that they were building two office buildings and 37 dwelling units for its staff. The geo-technical report of the project emphasized the ‘safety’ of the southern part of the Park for construction without referring to the proneness of the area to landslides.
In starting the project, the forest department had completely ignored a Supreme Court ruling (made in 1995 on a writ petition filed by Rawat himself) that prohibited further building of group housing and commercial complexes in Nainital.
The project would also have disrupted Ballia Nullah and a ravine that carried overflow from Nainital lake.
Besides, construction on a public park ought to have been obviously impermissible.
Rawat made these arguments in his letters to the DFO and the Chief Secretary.
He also filed a writ petition (PIL) at Uttarakhand high court, seeking a halt to the project. While the writ petition was dismissed, the chief secretary ordered a committee to enquire into the project.
Later, on committee’s recommendation, the administration was compelled to shift the project to a safer site.
In another case, Rawat joined a struggle by local people against quarrying and mining in upper catchment of river Gaula, which was believed to be in violation of another Supreme Court ruling.
Rawat used RTI to be informed by sub-divisional forest officer-Bhowali in June 2007 that mining in question had taken place within 100 m distance of Gaula river which was designated as protected forest area. The forest department also believed that mining permits could be against the will of the Supreme Court.
Even though the administration had by then, under protests from local people, temporarily stopped mining, it started again later.
Rawat then filed a writ petition in the form of PIL at high court and managed to get a stay on mining activity. The final order is pending.
Rawat is also credited with helping a struggle against housing project and boring for water near Khurpa Tal, which local farmers feared would deplete their ground water sources.
Army Welfare Society had purchased the land in 2000-01 for the housing project. Boring for water had started then. After protests by local people, the district administration called a halt to construction.
The construction started again in 2006. Rawat, who is responsible for filing a PIL against boring at the high court, used RTI to be informed by the forest department that the area in question was designated as wetland and enjoyed special protection.
He has contributed that information to the arguments against boring for water. The case is pending.
Rawat has also used RTI in two cases of getting speed-breakers built on roads in front of two schools.

He continues to use RTI to play his role as an active local citizen fighting off baleful influences on Nainital’s sensitive environment and ecology.